Filtered workers' comp decisions

The Commission reversed the Administrative Law Judge's decision that rejected the employee's occupational disease claim, finding the ALJ exceeded his authority by deciding an issue not in dispute when the parties had stipulated to the occurrence of an occupational disease on September 1, 2003. The Commission remanded the case to address the stipulated issues of the nature and extent of permanent disability and apportionment between the employer and Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's occupational disease affecting her left hand and thumb, sustained while inspecting and trimming shoe soles, was compensable under Missouri workers' compensation law. The award is temporary or partial in nature with future medical treatment ordered and proceedings kept open for final determination.

The Commission affirmed the administrative law judge's denial of the employee's occupational disease claim, finding he failed to meet his burden of proof that his back problems arose from his firefighting career. Although the employee argued the proper standard was 'reasonable medical probability,' the Commission agreed with the ALJ that the evidence supported a finding that the back problems resulted from a pre-existing degenerative condition rather than being substantially caused by employment.

The Missouri Court of Appeals reversed the Commission's denial of an occupational disease claim, finding that the employee satisfied the 30-day notice requirement and that a one-day discrepancy in the date of injury caused no prejudice to the employer. The Commission reinstated compensation for the employee's occupational disease claim.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to David Taylor, who suffered injuries from a motor vehicle accident caused by a coughing episode while operating his vehicle. The Court found the coughing episode was idiopathic in nature, stemming from the employee's pre-existing condition rather than arising from his work environment, and therefore not compensable under Missouri law.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Sally Barbrow for an alleged occupational disease injury from aluminum dust exposure. The award found that the employee failed to establish a compensable injury or occupational disease arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Theron Smith, finding he failed to prove his employment was the prevailing factor in developing myofascial pain. One dissenting commissioner argued the evidence supported an occupational disease claim and would have reversed the decision.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependent of a deceased school bus driver (Joe Ainsworth) who died following a bus accident. The case involved disputed medical theories regarding whether the employee's death resulted from a compensable work-related injury or other causes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Grace Liggins for occupational disease claims related to neck, shoulder, and upper extremity symptoms allegedly caused by repetitive lifting duties. The majority found the employee failed to prove by competent and substantial evidence that her work duties were the prevailing factor in causing her medical condition and disability, though a dissenting opinion argued the evidence supported compensability based on reasonable probability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Bray, a salesman who claimed physical and sexual harassment caused psychiatric injury. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award granting permanent total disability benefits to David Kammeier for peripheral neuropathy caused by prolonged chemical exposure during his employment at A. R. Fleming Printing Company. The employee is entitled to weekly compensation of $578.48 for life beginning June 19, 2006, with the insurer receiving credit for temporary disability benefits previously paid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's bilateral upper extremity injury from repetitive use was a compensable occupational disease arising out of and in the course of employment. The award is temporary/partial with future medical treatment to be provided by the employer, and the case remains open pending final determination.

The Commission affirmed the Administrative Law Judge's final award denying compensation in this fatal workers' compensation case involving employee Benjamin Vice who was killed while driving a truck on August 19, 2005. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the dependent (mother Stacey Kohl) receiving no compensation.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for William Cochran's occupational disease resulting from repetitive use of bilateral upper extremities, finding 20% permanent disability to the body as a whole. The award included permanent partial disability benefits and medical expenses totaling $43,054.56, with ongoing medical care authorized.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in a case involving a phlebotomist who suffered mental injury from blood splashing in her eyes and mouth during work on July 16, 2001. The case was settled between the employer and insurer with no liability assigned to the Second Injury Fund.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert McMahon for an alleged repetitive trauma injury to his back occurring on March 1, 1997. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Commission reversed the Administrative Law Judge's decision denying compensation, finding that the employee's wrist condition on September 22, 2000 was a compensable occupational disease injury rather than a continuation of a prior 1998 accident. The employee is entitled to benefits for permanent disability and related medical expenses as a result of the work-related injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the employee's bilateral hand injury from March 25, 2005 to be a compensable occupational disease arising out of and in the course of employment. The Commission issued a temporary or partial award with a weekly compensation rate of $155.37 and continued proceedings for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependents of Travis Anderson, who died in a fatal automobile accident on July 19, 2003. The Commission found that the accident did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for employee Nolan Tinnin for an occupational disease involving repetitive work activity affecting his cervical and lumbar spine, with 12.5% permanent partial disability awarded. The case involved the Second Injury Fund and was settled with the self-insured employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Roosevelt Carter for a repetitive trauma occupational disease injury to the lumbar spine sustained through repetitive bouncing of a truck with a damaged seat. The employee was found to have permanent total disability and is entitled to compensation for temporary disability, medical expenses totaling $82,486.57, and ongoing permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Beverly Carney's alleged occupational disease (bilateral carpal tunnel syndrome) arising from her employment at Wal-Mart. The denial was upheld because the claimant failed to demonstrate that her employment was the prevailing or primary factor causing the condition, and under strict statutory construction, the Missouri Workers' Compensation Law does not provide benefits for occupational diseases.

The Commission affirmed the Administrative Law Judge's award finding that employee Greg Rufer's Wegener's granulomatosis, caused by workplace exposure to sand and silicon, was a compensable occupational disease. The award includes unpaid medical expenses of $265,133.18 and 85 weeks of temporary total disability compensation, with the case kept open for further proceedings and final award.

The Commission reversed the Administrative Law Judge's denial of benefits to the dependents of Thomas Barton, who died in an automobile accident on March 24, 2004 while attending a work-related SLAA board meeting. The ALJ had found the accident did not arise out of and in the course of employment and that intoxication barred recovery, but the Commission disagreed with this determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award finding that Frances Bass sustained a compensable occupational disease injury on May 6, 2006, while moving a bucket containing mop water at Webco Manor in Webster County, Missouri. The case was kept open for further proceedings to determine a final award.